FDI, international investment agreements and the sustainable development goals

The Sustainable Development Goals (SDGs) set aspirational objectives for governments, international organizations and other stakeholders seeking to support sustainable development to achieve by 2030 or before, as well as indicators to facilitate measurement of attainment levels. Chapter 19 is the first of three chapters exploring provisions from over 110 innovative bilateral and regional economic treaties that could facilitate achievement of certain SDGs and their associated targets, to enable countries to maximize opportunities for their economic accords to assist in effectively contributing towards achievement of the SDG targets, particularly in a time of post-pandemic economic recovery. This chapter addresses trade and investment agreements provisions relevant to a first set of SDGs which target ‘basic needs’ challenges: eradicating poverty (SDG 1); ending hunger (SDG 2); promoting health and wellbeing (SDG 3); ensuring quality education (SDG 4) and achieving gender equality (SDG 5). The chapter canvasses the requirements of each goal and provides examples of treaty provisions that address each SDG.

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Responsible Business in Fragile Contexts: Comparing Perceptions from Domestic and Foreign Firms in Myanmar

Sustainability ◽

10.3390/su11030598 ◽

2019 ◽

Vol 11 (3) ◽

pp. 598 ◽

Cited By ~ 5

Author(s):

Ralf Barkemeyer ◽

Jason Miklian

Keyword(s):

Sustainable Development ◽

Large Scale ◽

Sustainable Development Goals ◽

International Investment ◽

Foreign Firms ◽

The Sustainable Development ◽

Global North ◽

Development Goals ◽

Large Scale Survey ◽

Corporate Social

After decades of isolation, Myanmar opened up its economy to international trade in 2012. This opening led to a rapid influx of international investment, exposure to the international corporate social responsibility (CSR) community and presumed pressures to conform to related norms and practices. We report on a large-scale survey of firms operating in Myanmar, comparing perceptions of corporate practitioners of CSR and the United Nations Sustainable Development Goals. Our findings show that awareness levels of CSR among domestic Myanmar firms match those of their international peers, but the application of and selection criteria for CSR implementation by domestic firms in Myanmar differs from typical CSR activities observed in other parts of the world, in particular by Global North firms. More surprisingly, Myanmar firms have a higher awareness of the Sustainable Development Goals (SDGs) than their multinational counterparts. Our findings have implications for CSR advocacy in Myanmar as well as for the dissemination of corporate responsibility and sustainability into the developing world more generally.

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Drafting and Interpreting International Investment Agreements from a Sustainable Development Perspective

Groningen Journal of International Law ◽

10.21827/5a86a8818aaeb ◽

2015 ◽

Vol 3 (1) ◽

pp. 59

Author(s):

Claudia Salgado Levy

Keyword(s):

Sustainable Development ◽

New Technologies ◽

International Investment ◽

Policy Space ◽

International Investment Law ◽

Investment Arbitration ◽

International Investment Agreements ◽

Development Goals ◽

Environmental Measures ◽

Investment Agreements

The proliferation of International Investment Agreements (IIAs) and treaty-based investment arbitration has raised concerns over the extent to which IIAs are actually fair and are able to balance the interests of foreign investors and States. The strong protections afforded by IIAs to investors may restrict the host State’s ability to regulate for the public interest and potentially allow newly adopted public policies to be subject to compensation. Several economic transactions that have qualified as investments for treaty protection have fallen short of contributing to the host State’s sustainable development. They have not added to the generation of employment and growth, the transfer of new technologies and knowledge or the strengthening of infrastructure. Nor have many of these economic transactions contributed to the home country’s development. Moreover, regulatory measures adopted with the aim of fostering sustainable development (ie environmental measures) have been successfully challenged by investors. In some cases tribunals have interpreted these measures as creeping or indirect expropriations, therefore requiring compensation. Both the lack of consideration for the host State’s interests under international investment law and the limitation to the State’s policy space have been perceived as having negative implications for the development of the country, and in particular for the adoption of sustainable policies. Though little empirical evidence exists, it has been suggested that investment arbitration is a threat to the adoption of public policy regulations and may even have a ‘chilling effect’ on them. A possible way forward is the negotiation of a new generation of investment treaties, as well as the renegotiation and revision of the existing ones. These changes are needed in order to balance the interests of States and investors and to incorporate innovative features in light of the necessary policy space that States require in order to foster sustainable development through the application of dynamic social and environmental norms and regulations. Another alternative is the adoption of interpretative approaches, which ultimately foster sustainable development goals. The preferred options are the contextual and dynamic interpretation of the intention of the contracting States, as well as the systemic integration of international rules and norms into investor-State disputes.

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Addressing Sustainable Development Concerns through IIAs

China's International Investment Strategy ◽

10.1093/oso/9780198827450.003.0007 ◽

2019 ◽

pp. 100-115 ◽

Cited By ~ 1

Author(s):

Manjiao Chi

Keyword(s):

Sustainable Development ◽

International Investment ◽

The Sustainable Development ◽

International Investment Law ◽

Governmental Organizations ◽

Non Governmental Organizations ◽

International Investment Agreements ◽

Sustainable Investment ◽

Investment Law ◽

Investment Agreements

The international communities are confronted with profound sustainable development challenges. International investment law, especially international investment agreements (IIAs), appears insufficiently effective in addressing such challenges associated with transnational investment activities. Recently, many governmental bodies, non-governmental organizations (NGOs), and international organizations have gone knee-deep into projecting and promoting sustainable development-compatible (inclusive) IIAs. From the standpoint of China, although China hosts a large amount of IIAs and has a clear awareness of promoting sustainable investment, its IIAs appear inadequately compatible with sustainable development. Against the backdrop of the Chinese sustainable development challenges, this chapter examines the sustainable development provisions contained in Chinese IIAs, assesses their usefulness and insufficiencies, and observes that China needs to make further efforts in making sustainable development-compatible IIAs.

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